Trademark Renewal is the renewal of registered trademarks whose validity of 10 years in the verge of expiration. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. The Registrar gives a window of six months before the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded.
If the registrar does not receive any application for renewal, then registrar sends the holder of trademark a notice, 1 – 3 months before the expiration of the registration informing him of the upcoming renewal date.
Filing a renewal application for trademark, renews it only for another 10 years.
Benefits of Trademark Renewal
- Exercise Legal rights
- You can exercise your legal rights if your registered trademark has been infringed. Renewal of trademarks makes it impossible for someone to claim rights over it other than the trademark owner.
- Asset Protection
- Renewal of trademark promises continuous and unhindered protection of the brand name. Trademark is an intangibile asset, therefore protecting it is necessary.
- Monetary Returns
- A trademark owner has the exclusive rights to assign or license the mark to someone else in return of monetary compensation. It also adds value to your brand.
Documents required for trademark renewal application
- Proof of Applicant- PAN Card and Address Proof of Applicant or Certificate of registration (other than Individual applicant)
- TM Certificate- Trademark registration certificate issued by Registry
- Copy of TM-A- Form used for the original application for registering the trademark
Types of Renewal
- Alteration and change of sign or logo of the registered trademark.
- Application made without any change of trademark.
Steps for of Renewal of Trademark
- Filing Application
For application of Trademark renewal, the trademark holder must fill in form of TM-R along with the prescribed fee. Either the owner of trademark or an agent authorised by him can file for trademark renewal.
- Check Status of Application
The applicant must check his application status for any opposition filed. Any person of the public can file such opposition.
- Journal Publication
Subsequent to the acceptance of your trademark renewal application by the registrar, the proposed mark will be published in the trademark journal.
- Trademark Renewal
The trademark is protected for another 10 years once the mark is published in the Journal.
The price for the renewal of a trademark depends upon whether it has been one in-person physically or it has been done online.
- If done physically the filing for the renewal costs 10,000 rupee
- If done online via e-filing it costs 9,000 rupees
You can find the whole pricing scheme for all the forms at the ipindia.nic.in website.
Restoration of Trademark
There can be times that a person forgets to renew their trademark in the given time period. In the case of failure to renew, an application for restoration is required to be filed within one (1) year from the date of expiration of the renewal date if more than six (6) months have lapsed from the renewal date and no renewal request has been filed. The application is accompanied with a statement explaining the delay in renewal and also an additional fee over the renewal fee.
After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again and invite objections from people who have reason to believe that the trademark should not be renewed or restored. If there are no objections, then the mark will be entered in the register of trademarks.
FAQs
Your trademark will be removed from the register. Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.
You can renew your trademark every 10 years. There is no restriction in the number of times.
Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration and also the legal protection.
Hey @Dia_malhotra, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.